20090366 Ver 3_Application_20100913

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
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North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
Modification 1//S
J
Project Name= Project No.: NO 2-37/1 Date: ??
DWQ Project No./Permit Type: '2SO 3C(o vex. 3 /N"A
DOT Division:5-County: A/9 K .C_
DOT Staff: N egfti pl` 1417 q h t DWQ Staff: ?0 13 //?1 I i1pp/G.5 // l
ACE Staff: DWQ Regional Office: rl/lllz?/a
i Modification Description:

Modification Sketch:

Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crahtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet httpJfh2o.enr.state.nc.ustnavetlandsl
NorthCarolina
Nahmallry
An Equal Opportunity 1 Affirmative Action Employer
In-Field Modification
.,V Page 2 of 3
This in-field modification is required for the following reason(s):

The information contained in the application or presented in support thereof is incorrect in the
following manner:
X
Conditions under which the original certification was issued have changed in the following
manner:
11+
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit.
This in-field modification authogqs the NCD T to - I
i v n of r4 inlzyl , `n •?A ISO -t- 4 cJ ?O4e
in 1,4 /A K jL- County. The project shall be constructed as described in the Modification Description and
SkeItch on Page 1 of this document dated 9 -/ y - 16 to improve/construct the section of
?,. r,144 I NI'that extends from e9/! SR 20 5,3 to . The approved
design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated
??_ /0'- 10 . Any further changes to the original Water Quality Certification dated 4-I' ZI ' y I may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not
violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth. Should your project change, you are required
to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter, and is thereby responsible for complying with all the conditions. For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should
obtain all other federal, state or local permits before proceeding with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This
Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Condition(s) of Modification Approval:
1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting
Unit within 30-days of the completion of the action.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated G/- 21-0 and all other corresponding modifications still apply except where
superceded by this certification.
In-Field Modification
Page 3 of 3
3. Additional Conditions

/ ZMI
Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this
document and/or violations of any condition herein set forth may result in revocation of this modification approval
and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the
Corps of Engineers requires a formal written modification to the 404 permit for the, proposed action, then NC DWQ
must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If
additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear
feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the
current mitigation requirements for this project, this in-field modification is invalid and a formal written
modification is required.
This in-field modification is effective upon the date the last party signs this document. This in-field modification'is
made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not
subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification
pursuant to the contested case provisions of the Administrative Procedure Act, N.C. Gen. Stat. § 1505-23 et_ seq.
DWQ Staff Signature:
Date: 7113 /
DOT Staff Signature:
Date:
Staff Signature:
Date:
I 7 An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel.
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STATE OF NORTH CAROLINA
BEVERLY EAVES PERDUE
GOVERNOR
ARTMENT OF TRANSPORTATION
EUGENE A. CONTI, JR.
SECRETARY
September 10, 2010
Transportation
2321 Crabtree
Raleigh, NC 2
Attention: Mr.
Reference: Neuse
Subject: Mo
regi
the
ml
The North Carolina.I
r bridge``replacement v
crossing Austin Creel
Creek. However, whe
plans now include an
the plans attachcd.;to'
(:..roomrfor -utility_:reloct
weret'reported-T only -t
easement area..
Therefore Division 5 i;
a buffer authorization
and 200 SF within B:
information, please col
Unit
250
Riding, NCDOT Project Coordinator
Authorization (DWQ Project No. 20090366 and 20090366 ver. 2).
ration request due to additional buffer impacts associated with easement
rent beyond right-of-way limits to facilitate utility relocation activity on
quadrant of the crossing of Smiths Creek at Bridge No:-140: on SR 2053
-County, Federal Aid Project No. BRZ-2053(1); Division 5; TIP B-3919.
apartment ofrTransportation (NCDOT).has' B-3919'under.contract.. and t
rk as'.,well'asutility.relocation work is.:underway;atBridge-No 448
Constriction activity has not started' at Bridge:No. 140 crossingSmiths
recently staking the project limits at Bridge No. '140 it obviousthat the' "-
asement block,.beyond the right-of-.way limits, whicbmasn't depicted: on "I.,
ie original permit application(s). This easement is necessary.to provide
on work within the NE quadraot: Original proposed, buffer impacts,h'ere
t to the right-of:way']imits:and did not -include:impacts,withimthts,
providing this letter to report these extra proposed impacts and to request
nodification for the :additional buffer impacts totaling 150 SF within 3Z1
2 (see attached drawing). If you have any questions or need additional
tact Ms. Heather Montague at [phone]
Sincerely,
J.W. Bowman, P.E.
Division Engineer VVV
cc: Mr. Eric
NCDOT Coordinator, U.S. Army Corps of Engineers
Five - 26t2 \nTlh Duke Street, Durham, North Cam] ina 27704
Tc]ephune: 919-2204600 Fax: [phone]

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